Bivins v. Helsley

JUDGE PETERS

delivered the opinion oe the court:

This action was brought by appellant on a note executed to him by John H. Bivins, as principal, and appellee, as his surety.

Appellee defended the action, and alleged in his answer that he signed the note upon the condition that M. H. Bivins and Thos. T. Bivins would also sign it, they being then solvent, and that the terms and conditions upon which he signed the note were known to appellant at the time he signed it, and at the time it was delivered to him, and, as the condition upon which he signed it was not complied with, he is not bound to pay…